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HomeMy WebLinkAbout1975-06-03; City Council; 9425; CMC 21.05 renumber to 21.06 - Q (qualified) development overlay zoneb .. . 1 2 3 4 5 6 7 E s IC 11 1; 1; 0 ORDINANCE NO. 9425 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE RENUMBERING OF CHAPTER 21.06 TO 21.05 AND BY THE ADDITION OF A NEW CHAPTER 21.06 TO PROVIDE FOR THE "Q" QUALIFIED DEVELOPMENT OVERLAY ZONE. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 21, Chapter 21.06of the Carlsbad Municipal Code is amended by the amendment of Section21.06.010 to add the "Q" Qualified Development Overlay Zone to the names of zones. SECTION 2: That Title 21 of the Carlsbad Municipal Code is amended by the renumbering of Chapter 21.06to 21.05. SECTION 3: That Title 21 of the Carlsbad Municipal Code is amended by the addition of new Chapter21.06to read as follows "Chapter 21.06 'Q' QUALIFIED DEVELOPMENT OVERLAY ZONE Sections: 21.06.010 21.06.015 21.06.020 21.06.030 21.06.040 21.06.050 21.06.060 21.06.070 21.06.080 21.06.090 21.06.100 21.06.110 21.06.120 21.06.130 21.06.140 Intent and purpose. Application of 'Q' zone. Permitted uses and structures. Site development plan required. Exceptions. Permit application. Filing fees. Transmittal to the Planning Commission. Planning Commission determination. Development standards. Lot requirements. Conditions. Announcement of decision. Effective date of order. Appeal process. I 2 'j c 4 E e 'i E s 1c 11 12 1: 14 1E 1E 17 1E 1s 2c 21 22 22 24 25 26 27 28 29 21.06.150 Final site development plan. 21.06.160 Expiration. 21.06.010 Intent and purpose. The intent and purpose of the 'Q' Qualified Development Overlay Zone is to supplement the underlying zoning by providing additional regulations for develop- ment within designated areas to: to insure compliance with the general plan and any applicable specific plans. rounding developments, both existing and proposed. environmental factors. where some or all of the permitted uses would be appropriate to the area only in certain cases with the addition of specific conditions. development. (1) Require that property development criteria are used (2) Provide that development will be compatible with sur- (3) Insure that development occurs with due regard to (4) Allow a property to be granted a particular zone (5) Provide for public improvements necessitated by the 21.06.015 Application.of 'Q' zone. It is intended that the 'Q' zone be placed on properties with unique circumstances. Examples of situations that are considered unique include but are not limited to the following: plan. relationship with residentially zoned properties. plain. ment or other physically sensitive areas. the environment, or the health, safety and general welfare of the public. (1) Special treatment areas as indicated in the general (2) Commercial zones that are in close proximity and (3) Property proposed to be developed within a flood (4) Property proposed to be developed as hillside develop (5) Property where development could be detrimental to 21.06.020 Permitted uses and structures. In the 'Q' Qualified Development Overlay Zone any principal use, accessory use, transitional use or conditional use permitted in the under- lying zone is permitted subject to the same conditions and restric tions applicable in such underlying zone and to all of the require ments of this chapter. 21.06.030 Site development plan required. Unless speci- fically exampted from the requirements of this chapter, no buildin permit or other entitlement shall be issued for any use in the 'Q' zone unless there is a valid site development plan approved for the property. 21.06.040 Exceptions. The following uses are exempted 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 from the site development plan requirements: structed or enlarged on any residentially zoned lot. may be constructed on any commercially or industrially zoned lot. any existing commercial or industrial building on any commercially or industrially zoned lot. (1) One single-family residential structure may be con- (2) One office building of less than 1,000 square feet (3) One enlargement of less than 1,000 square feet of 21.06.050 Permit application. The Planning Director shall prescribe the form for site development plan applications and may prescribe the type of information to be submitted. No application shall be accepted unless it complies with such require ments. The application after payment of the required fee shall be filed with the Planning Director. 21.06.060 Filing fees. The filing fees for a site development plan shall be $25.00. 21.06.070 Transmittal to the Planning Commission. The Planning Director shall transmit the application for a site devel- opment plan, together with his recommendation thereon, to the Planning Commission when all necessary reports and processing have been completed. When an application is relative to another discretionary permit, it may be considered by the Planning Com- mission concurrent with their consideration of the discretionary permit. The Planning Director shall notify the applicant of the date and place at which the Commission will consider the matter at least seven days prior to such consideration. 21.06.080 Planning Commission determination. The Plannin Commission may approve, conditionally approve or disapprove a site development plan. Such determination shall be made in accord with the Carlsbad Municipal Code, the general plan and any applicable specific plans. 21.06.090 Development standards. Property in the 'Q' zon shall be subject to the development standards required in the underlying zone and any applicable specific plans. In addition, the Planning Commission or the City Council on appeal in approving a site development plan may impose special conditions or require- ments that include provisions for, but are not limited to, the following: (1) Special setbacks, yards, open space. (2) Special height and bulk of building regulations. (3) Fences and walls. (4) Regulation of signs. (5) Additional landscaping. (6) Special grading restrictions. (7) Requiring street dedication and improvements (or posting of bonds). 3. 1 2 7 a. 4 5 6 7 E s IC 11 12 12 D 14 2c 21 2% 23 24 25 26 27 28 t u 29 (8) Requiring public improvements either on or off the (9) Time period within which the project or any phases (LO) Regulation of points of ingress and egress. (11) Such other conditions as deemed necessary to insure subject site that are needed to service the proposed development. of the project shall be completed. conformity with the general plan and other adopted policies, goals or objectives of the city. development plan shall include aesthetic aspects such as: However, it is not intended that the review of the site (1) Color. (2) Texture. (3) Materials. (4) Adornments. 21.06.100 Lot requirements. The 'Q' zone may be placed on any size or dimensioned, legally created lot. 21.06.110 Conditions. The Planning Commission or City Council on appeal may impose such conditions on the applicant and the permit as are determined necessary consistent with the pro- visions of this chapter, the general plan and any applicable specific plans. 21.06.120 Announcement of decision. The Planning Com- mission shall announce its decision by resolution and shall order the plan approved or denied. If such resolution grants approval of a site development plan, it shall also recite such conditions, requirements, design criteria or development standards as the Commission may impose. 21.06.130 Effective date of order. The decision of the Planning Commission is final and effective ten days after the adoption of the resolution or decision unless within such ten-day period an appeal in writing is filed with the City Clerk by an interested party. The filing of an appeal shall stay the effec- tive date of the Planning Commission decision until such time as the City Council has acted on the appeal. 21.06.140 Appeal process. Upon receipt of a written appeal the City Clerk shall advise the Secretary of the Planning Commission and shall forward the matter to the City Council for decision. The City Council shall announce its decision by reso- lution. If such resolution grants approval of a site development plan it shall also recite such conditions, requirements, design criteria or development standards as the Council may impose. The decision of the City Council is final. In the event the decision of the City Council on an appeal is contrary to a decision of the Planning Commission the Planning Director shall so report to the Commission and include the basis of the Council action. 4. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 90 21.06.150 Final site development plan. After approval the applicant shall submit a reproducible copy of the site de- velopment plan which incorporates all requirements of the approval to the Secretary of the Planning Commission for signature. Prior to signing the final site development plan, the Secretary shall determine that a11 applicable requirements have been incorporated into said plan and that all conditions of approval have been satisfactorily met or otherwise guaranteed. cial site layout plan for the property and shall be attached to any application for a building permit on the subject property. The final signed site development plan shall be the offi- 21.06.160 Expiration. A site development plan shall expire and be of no further force and effect if building permits are not issued and kept active within the time specified in the resolution of approval or if no time is specified within one year from the date of approval. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it tobepublished at least once in the Carlsbad Journal within fifteen days after its adop- tion. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 20th day of May I 1975, and thereafter PASSED AND ADOPTEData regular meeting of said Council held on the 3rd day of June , 1975, by the following vote to wit: AYES : Councilman Frazee, Chase, Skotnicki, and Council- NOES : Councilman Chase. woman Casler. ABSENT: None. //fggiJ-C AB,, ROBERT C. FRAZEE, #ayor ATTEST 2 - (SEAL) 5.